Ocean Ins. v. Fields
U.S. Circuit Court for the District of Massachusetts
Bill in equity to set aside a judgment in this court obtained upon a policy of insurance upon the ground of newly-discovered evidence.
Read the full summary
Bill in equity to set aside a judgment in this court obtained upon a policy of insurance upon the ground of newly-discovered evidence. The bill in substance stated, that the defendant [Robert Fields] was, or pretended to be, the owner of a schooner called the Frances, which he had agreed to sell at Antigua for $0,000, and had agreed to carry there from St. Johns with a cargo of lumber; and that the said defendant intending to defraud the plaintiffs, and to induce them to insure her for more than she was worth, and then to cast away and destroy her, and then to demand the sum insured, did, on…
1Opinion of the Court
STORY, Circuit Justice.
This case comes before the court upon a demurrer to the bill; and, of course, the demurrer admits the truth of the statements made in the bill, at least for the purposes of the present argument. The bill asserts, in substance, that the judgment recovered in this court upon the policy of insurance in the case, was procured by the fraud of the defendant Fields, which has been satisfied; and that the loss of the vessel, upon which the recovery was had, was occasioned by the fraud of the defendant, in fraudulently casting away the vessel, and also in fraudulently boring…
2Cited by29 opinions
- Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
- Toledo Scale Co. v. Computing Scale Co.Supreme Court of the United States · 1923
- Browning v. NavarroCourt of Appeals for the Fifth Circuit · 1989
- Chicago, R. I. & P. Ry. Co. v. CallicotteCourt of Appeals for the Eighth Circuit · 1920
- Mahoney v. State InsuranceSupreme Court of Iowa · 1907
24 more not listed; retrieve them via the Exa API.